South Carolina General Assembly
105th Session, 1983-1984

Bill 795

                    Current Status

Bill Number:               795
Ratification Number:       447
Act Number:                390
Introducing Body:          Senate
Subject:                   Relating to amount of workers'
                           compensation for death of an employee due to
                           accident
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A390, R447, S795)

AN ACT TO AMEND SECTION 42-9-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMOUNT OF WORKERS' COMPENSATION FOR DEATH OF AN EMPLOYEE DUE TO ACCIDENT, SO AS TO PROVIDE THAT DEATH BENEFITS TO WHICH AN EMPLOYEE'S CHILD THROUGH THE AGE OF EIGHTEEN YEARS, RATHER THAN UNDER THAT AGE, IS ENTITLED UNDER THIS SECTION SHALL VEST AT THE DATE OF DEATH OF THE EMPLOYEE AND CONTINUE TO BE PAID SUBJECT TO THE FIVE HUNDRED WEEK LIMITATION REGARDLESS OF AGE, AND TO CHANGE FROM EIGHTEEN YEARS TO NINETEEN YEARS THE AGE AT WHICH DEATH BENEFITS ARE PAYABLE WITH RESPECT TO A DECEASED EMPLOYEE'S CHILD ENROLLED AS A FULL-TIME STUDENT IN AN ACCREDITED EDUCATIONAL INSTITUTION.

Be it enacted by the General Assembly of the State of South Carolina:

Death benefits

SECTION 1. The third and fourth paragraphs of Section 42-9-290 of the 1976 Code, as last amended by Act 294 of 1982, are further amended to read:

"Notwithstanding any other provision of this title, any death benefits to which a child through the age of eighteen years of an employee is entitled under this section shall vest with the child at the date of death of the employee and continue to be paid to the beneficiary subject to the five hundred week limitation regardless of his or her age.

If at the date of death of the employee, the employee has a son or daughter nineteen years of age or older enrolled as a full-time student in an accredited educational institution, the son or daughter is entitled to death benefits in the same manner as though he or she were under nineteen and shall continue to receive benefits, subject to the five hundred week limitation, until the age of twenty-three. However, if a student ceases to be enrolled, except for normal breaks and vacations in accordance with schedules of the school, benefits must permanently terminate."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.